[HISTORY: Adopted by the Common Council of
the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 8.01 through
8.055, 8.08 through 8.10, 8.15 and 9.03 of the Municipal Code. Amendments
noted where applicable.]

Establishment. The grade of all streets, alleys and
sidewalks shall be established and described by the Council and shall
be recorded by the City Clerk in his office. No street, alley or sidewalk
shall be worked until the grade thereof is established.

The owner, occupant or person in charge of each and
every building or structure or unoccupied lot in the City fronting
or abutting any street shall clean or cause to be cleaned the sidewalk/paved
sidepath of snow or ice to the width of such sidewalk within 72 hours
after snowfall ceases and shall cause the sidewalk/paved sidepath
to be kept clear from ice and snow, provided that when the ice has
formed on any sidewalk/paved sidepath such that it cannot be immediately
removed, such persons shall keep the sidewalk/paved sidepath sprinkled
with sand or salt. The City will continue to clear snow and ice from
the sidewalk/paved sidepaths that the City had cleared prior to the
enactment of Ordinance Number 2367.

Sidepaths that are not paved shall not be required
to have the snow and ice removed from them, as unpaved sidepaths shall
be considered recreational trails not subject to sidewalk maintenance
requirements.

Failure to remove snow and ice as called for in this section shall subject the owner, occupant or person in charge to a forfeiture as set forth in the schedule of deposits, Chapter 1, General Provisions, § 1-18, and the City shall further be entitled to perform the work itself and charge the abutting property owner for removal as a special charge pursuant to § 66.0627, Wis. Stats.

Culvert to be installed. No driveway shall be constructed
or maintained connecting with any street or alley unless a suitable
culvert is first installed across the gutter of the street or alley
where necessary for the public welfare as determined by the Board
of Public Works. Such culverts shall be constructed of corrugated
metal pipe. The culverts shall have a cross section of not less than
that of a twelve-inch pipe minimum. The length of the culverts shall
be as required by the City Engineer. All twelve-inch, fifteen-inch,
eighteen-inch, twenty-one-inch and twenty-four-inch pipe shall be
16 gauge steel. All concrete sewer pipes must be approved by the City
Engineer. All specifications for culvert installations shall be obtained
from the City Engineer prior to installation. All culverts shall be
equipped with end guards made of masonry and shall be so installed
as to not be beyond street height.

Fee. Upon initial installation only, the owner or
his agent shall pay a fee as determined by a schedule filed with the
City Clerk. This fee is nonrefundable and intended to cover City processing,
surveying, and inspection costs. Revisions to the fee schedule shall
be made as determined appropriate by the Board of Public Works.

Where the public welfare requires a suitable culvert,
the culvert adjustment or replacement of a defective culvert for an
existing driveway, the Streets Division shall complete such work or
installation. Prior to such work, the Water Resource Management Committee
or their designee shall notify in writing the property owner maintaining
the driveway across any gutter in any street or alley that the culvert
will be installed or adjusted by the City at the expense of the abutting
property. Within 10 days from the date of the notice, the owner of
the abutting property may appeal from the order of the Water Resource
Management Committee, otherwise the order shall become conclusive
and the cost thereof charged to the abutting property.

If the cost is not paid to the Director of Finance
and Administration on or before November 1, the same shall be entered
as a special tax against the property. The cost of the culvert, if
supplied by the City, shall be paid to the Director of Finance and
Administration. If the Board of Public Works decides the appeal in
favor of the property owner, the cost shall be borne by the City.

Concrete surfacing of private driveways. If concrete
surfacing is installed on a private driveway closer than three feet
from the property owner's side of the drainage culvert installed on
the drive adjacent to such street and it shall become necessary that
the City maintain, repair or replace such culvert so that removal
of a portion of the concrete surface of the driveway is necessary,
the property owner shall bear any and all expense for the removal
of the concrete surface driveway above the culvert upon the request
of the City. In addition, the property owner shall, when installing
concrete surfacing on a private driveway, cause to be placed in such
concrete surfacing expansion joints the thickness of the concrete
to facilitate the removal of such concrete, each joint located on
either side of the culvert.

All applications for a building permit for a vacant
parcel or a parcel upon which a driveway is to be constructed shall
include, in addition to the fee specified for such permit, a nonrefundable
fee to be determined by the Common Council together with a cash deposit
or bond in an amount to be determined by the Common Council to ensure
the proper restoration of the roadside ditch, repair of curb and gutter
sections adjacent to the parcel, the proper installation of the water
"curb stop" in areas which are served by the public water supply,
and that proper erosion control measures are implemented. The fees
mentioned in this section will be kept on file in the office of the
City Clerk and may be amended by the Common Council as necessary.

The cash deposit or bond shall be held by the City
for 18 months from the date of the permit. At any time within such
period, the property owner may request a return of the financial guaranty.
When such request is made, the Street Superintendent or his designee
shall make an inspection of the premises. If the ditch and curb and
gutter have been properly restored and if the curb stop has been properly
installed, such financial guaranty shall be returned to the owner.

If any required work has, in the opinion of the Street
Superintendent or his designee, not been properly done, such work
shall be completed by the City or its agent. The cost of such work
shall be taken from the financial guaranty and the balance thereof,
if any, returned to the owner. If such financial guaranty is insufficient,
the owner shall pay to the City such additional amount upon submission
of a statement therefor.

Driveway approaches. All driveway approaches in the
City right-of-way connecting with any public street may only be constructed
or reconstructed in conformance with the specifications on file at
the office of the City Engineer.

Application. All applications shall be in writing upon forms which
the City Engineer or designated representative shall provide and shall
include the name of the owner and the description of the property
on which the work is to be done, along with such pertinent information
as the City Engineer or designated representative may require and
shall state that the property owner and the applicant will be bound
by and subject to the provisions of this chapter.

Issuance, term, suspension and revocation. When the City Engineer
or designated representative is satisfied that the work proposed by
the applicant can be done in conformity with this chapter and after
the appropriate fees have been paid to the City, the City Engineer
or designated representative shall issue the permit. Such permit shall
be good for the continuous performance of the work named thereon.
A permit shall automatically expire when work ceases for a period
of 60 days without good and reasonable cause for same and shall automatically
expire on completion of the work for which it was issued, provided
the City Engineer or designated representative may, upon notice, suspend
or revoke such permit for violation of the provisions of this chapter.
Applications for work within the right-of-way will be reviewed to
confirm that placement of any proposed utilities meet the following
standards:

Aboveground utilities shall not be located within the driveway
vision triangle. "Vision triangle" is defined as a triangle formed
by connecting a point at 15 feet along the edge of the roadway pavement
and 15 feet along the driveway pavement as measured from the intersection
of the driveway pavement and the roadway pavement. No obstructions
shall be permitted in this area above the height of three feet.

Aboveground utilities and all associated supports and/or foundations
shall be a minimum of four feet from the back of curb in urban cross
sections and 12 feet from the edge of road pavement in rural cross
sections unless the location is preapproved by the City Engineer.

If the height of the aboveground utility is greater than the
adjacent zoning district setbacks or the distance to the nearest permanent
habitable structure, the applicant shall submit an engineer's
certificate. The certificate shall show that the aboveground utility
is located/constructed such that the fall zone is less than the adjacent
zoning district setbacks or the distance to the nearest permanent
habitable structure.

Insurance. The person doing the work contemplated by this section
shall save the City harmless from any claim or demand for damages
and shall file a certificate of insurance with the Engineering Services
Division giving evidence of liability insurance in the minimum amount
of $1,000,000 bodily injury and property damage aggregate, naming
the City and its employees as additional insured on a primary and
noncontributory basis. Such insurance shall not be canceled or reduced
without the insurer giving 30 days' prior written notice to the
Engineering Services Division. Cancellation or reduction of insurance
shall automatically suspend the permit, and no further work shall
be done under such permit until a new certificate of insurance complying
herewith is filed with the Engineering Services Division.

Bond. Except for public utilities, a financial guaranty in the amount of $5,000 in the form of cash or a letter of credit shall be deposited or filed with the Engineering Services Division prior to the issuance of the permit required in Subsection A(3) above. The financial guaranty may be used to complete restoration to the satisfaction of the City Engineer or designated representative. The financial guaranty shall not relieve the applicant of responsibility for all costs to restore the excavated area to the satisfaction of the City Engineer or designated representative.

Permits with impervious surface disruption. After the three-year
maintenance period ends, the City will conduct a final inspection.
The applicant shall make all necessary repairs. After repairs are
made and approved, the City will issue final acceptance and the surety
shall be terminated and released.

Permits with pervious surface disruption only. After the one-year
maintenance period ends, the City will conduct a final inspection.
The applicant shall make all necessary repairs. After repairs are
made and approved, the City will issue final acceptance and the surety
shall be terminated and released.

Minimum fee. A minimum fee as set by the Common Council shall be
charged for each permit issued by the City Engineer or designated
representative for the issuance of an excavation permit in a City
right-of-way.

Inspection fee for utility work. In addition, a current schedule
of inspection fees as adopted by the Common Council and as amended
from time to time shall be kept on file in the City Clerk's office
and shall be paid by the applicant prior to issuance of the permit.

Inspection. At the discretion of the City Engineer or designated
representative, a City inspector may be required to be present continuously
during major portions of the excavation and/or repair. The applicant
shall be responsible to pay for the actual cost of such inspections.
Should this require the inspector to be on site beyond their normal
working hours, the permit holder will be billed for the cost of the
overtime.

General regulations. Excavated materials shall be hauled away and
properly disposed of by the contractor. All excavations made in paved
areas in the public right-of-way, not excluding gravel shoulders,
shall be backfilled with a well-graded gravel material free of excessive
fines and compacted in six-inch layers with mechanical compaction
equipment. Alternatively, an approved slurry mix may be required.
The excavation shall be filled with acceptable material up to the
bottom of the surrounding pavement. The pavement shall be replaced
in kind in such manner as to leave no offset with the surrounding
pavement.

All excavations in areas of right-of-way which are not paved, excluding
gravel shoulders, shall be backfilled with natural material compacted
in twelve-inch layers with mechanical compaction equipment. The natural
material shall be placed to within four inches of the finished grade,
and the area shall then be filled with four inches of the approved
topsoil. The topsoil shall be raked to match the surrounding ground
elevations, fertilized, seeded and covered with a suitable material
to prevent erosion. Sod may be used in lieu of seeding; however, the
sod must be placed flush with the surrounding growth.

Excavations made in paved areas, including gravel shoulders, between
October 15 and May 15 must be topped with temporary asphalt mix. The
temporary patch must be replaced with permanent pavement as soon as
practical or as directed by the City Engineer or designated representative.

When an excavation is expected to be open for longer than 96 hours,
the City Engineer or designated representative may require that the
excavation be covered with a steel plate adequate to carry traffic.

If the pavement replacement settles or cracks within three years
of the date of the permit and if failure of the replacement is due
to improper backfill or compaction, the pavement and backfill in the
excavation area shall be removed and replaced at the expense of the
party taking out the excavation permit. Until the defective pavement
is replaced or repaired to the satisfaction of the City Engineer or
designated representative, no further permits will be issued by the
City for that party.

Should it be determined by the City Engineer or designated representative
that the temporary pavement is not being properly maintained, the
City will cause the work to be done and deduct the cost from the financial
guaranty on deposit.

Return of financial guaranty. After permanent repairs have been made, the party holding the excavation permit may request a refund of any remaining portion of the financial guaranty. An inspection will be made and, if the repair is found acceptable and there is no expectation of settling, the financial guaranty will be returned minus any charges that have occurred. In the event that the City has incurred costs related to the excavation exceeding the financial guaranty on deposit, the permit holder will be billed for the overage. Return of the financial guaranty does not relieve the permit holder of responsibility for the excavation repair for the three years stated in Subsection D(6).

It is the responsibility of the permit holder in cases of road obstruction
to notify all appropriate agencies, including but not limited to:
Engineering, Highway, Fire and Police Departments; school bus companies;
and the like. Said notification will take place at least 24 hours
prior to commencing work.

Penalties. Failure to obtain a permit to commence work, except in
the case of an emergency, will result in a fine of $500 per occurrence.
Each day the excavation is not permanently restored, as determined
by the City Engineer or designated representative, shall constitute
a separate occurrence. Penalties will not continue to accrue once
a permit has been obtained and its conditions complied with.

Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsection B.

Goods, wares, merchandise or fixtures being loaded
or unloaded which do not extend more than three feet on a sidewalk,
provided such goods, wares, etc., do not remain thereon for more than
three hours.

Loitering. No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the City in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place, except upon such portions of any public street where barricades have been installed as provided in Subsection B of this section.

Temporary barricading of streets for recreational
purposes. Any property owner may apply to the Police Department for
a permit to use a portion of the public street adjacent to his property
for recreational purposes to be conducted by the applicant. If the
Chief of Police determines that such permit shall be granted, barricades
shall be obtained by the applicant from the Highway Department and
shall be installed by the applicant upon those portions of the street
to be used for recreational purposes, and such barricades shall be
installed in such a manner as to prevent vehicular traffic upon such
sections of the public street upon which such recreational activities
are to be conducted, except that such barricades shall be readily
removable in case of required use of the portions of the street barricaded
by emergency vehicles. The applicant shall install the barricades
immediately prior to the commencement of the recreational activities
for which such permit is granted and shall remove the same at the
termination of such permit and return the same to the Highway Department.
The applicant shall be responsible for any damage to barricades and
shall reimburse the City therefor as determined by the City Highway
Department. No fee shall be charged for such permit.

Permit. Before any person shall erect any telegraph,
telephone, electric or railway poles upon any street or alley, he
shall submit to the City Engineer the route of the proposed line or
lines, or any extension thereof, showing as far as practicable the
location of each pole and the number and location of the wires. No
such pole shall be erected until permission shall be first obtained
from the City Engineer.

Use of alley. Whenever in the judgment of the City
Engineer the use of any alley for the purpose of erecting the poles
herein mentioned is practicable, such poles shall be placed upon and
along the alley instead of upon and along a public street. When the
poles are set in any alley, they shall be located as near the sidelines
as practicable, and in such manner as not unreasonably to incommode
the public or the adjoining proprietor or resident. Whenever such
poles are erected in a street, they shall be placed, unless otherwise
directed by the City Engineer, on the outer edge of the sidewalk just
inside of the curb and on the line dividing the lots one from another,
and shall not be so placed as to unreasonably incommode the public
or the adjoining proprietor or resident, or disturb the drainage of
the street, or interfere with or damage the trees or other public
or private property on the line of the street or alley where such
poles shall be erected, unless consent of the City Engineer has been
obtained.

Resetting upon paving a street. Whenever any street
on which any such poles have been set shall be graded or paved, all
the poles shall be reset immediately so as to conform to the street
as reconstructed, and the owner thereof shall immediately put in order
all those parts of the streets, alleys, sidewalks or public grounds
so used.

Purpose. To establish the administrative procedure
for preventing delays to proposed City street and highway improvement
projects and contractor delay and expense due to uncertain scheduling
of utility relocations.

Applicability. This chapter applies to street and
highway improvement projects which have utility facilities located
on them and are let for construction after this chapter has been published.
This chapter does not apply to the alteration or relocation of railroad
facilities within the City.

A business day on which weather and other conditions not
under the control of the owner will permit utility facility alteration
and relocation work to proceed for at least eight hours of the day
with the normal working force of the owner engaged in performing the
controlling item of work in accordance with the owner's approved work
plan. In determining the normal working force of the owner, consideration
shall be given for any diversion of the owner's working force that
is required to respond to an emergency involving restoration of the
critical utility service.

The City shall make a reasonable effort to determine
what utility facilities are located within the right-of-way of a proposed
improvement project by researching permit files, reviewing map files
maintained by the City, field investigation or contact with one-call
locating services, and through contracts with local governmental units.

The notification shall include the names or route
number, or both, of the street or highway, the geographical limits
of the improvement, general description of the work to be done, desired
date for completion of utility coordination and anticipated year of
construction of the improvement.

Within 60 calendar days of mailing the notification referred to in Subsection D(3), the owner shall provide a description and the general location of each utility facility in the vicinity of the improvement.

After the owner responds with the information specified in Subsection D(5) above, the City shall mail to the owner at least one set of the available project plan. The project plan shall show all existing utility facilities known to the City that are located in the right-of-way where they will conflict with the improvements.

The project plan need only show those portions of
the improvement which give the project location, the owner's existing
utility facilities and how those facilities will be affected by the
improvement. The City will also provide any additional and duplicate
plan information needed by the owner to design and lay out the removal,
relocation or adjustment of existing utility facilities and the placement
of relocated or additional facilities within the project limits.

The owner shall provide the City with a work plan.
The work plan shall be furnished within 60 calendar days after the
date of mailing of the project plan by the City for resurfacing projects;
within 90 calendar days for minor reconditioning projects; and within
120 calendar days for major reconditioning, reconstruction or new
construction projects. When the City determines there is a potential
conflict between work plans, the City will schedule a meeting that
the owners are required to attend to coordinate the work.

The City shall review the work plan to ensure compatibility
with permit requirements, the improvement plans and construction schedule,
reasonableness of relocation scheme and reasonableness of cost for
compensable work. If the work plan submitted by the owner is not compatible
or reasonable, the City shall advise the owner by mail as soon as
practicable. If sent through regular mail, the City may include a
receipt of mailing form. If a receipt of mailing form is sent, the
owner shall complete the form and mail it back to the City within
seven calendar days of receipt. The owner shall submit a revised work
plan within 30 calendar days of receipt of advice by the City that
the work plan is not compatible or reasonable. The City shall review
the revised work plan and if the work plan is still not compatible
or reasonable, the work plan revision process shall be repeated. When
the work plan is compatible and reasonable, the City shall advise
the owner by mail or its approval.

The City shall notify the owner by mail not less than
30 calendar days before the owner is required to begin the work provided
for in the approved work plan. The City may include a receipt of mailing
form which the owner shall complete and return within seven calendar
days of receipt.

If the owner's approved work plan is dependent on
work by the contractor, the contractor shall provide the City and
the owner a good faith notice 14 to 16 calendar days before the work
is expected to be complete and ready for the owner to begin its work.
The contractor shall follow up with a confirmation notice to the City
and the owner not less than three working days before the work will
be ready for the owner to begin its work.

The owner shall notify the City when its work has
started. The owner shall complete its work within the time frame described
in its work plan. The owner shall notify the City when the work is
complete. Notice of work start and work completion shall be sent by
mail within 15 calendar days of starting and completing the work,
respectively.

If, prior to the letting date of the highway improvement project, the City's project plan is changed so that additional utility relocation or adjustment work is found necessary, the City shall furnish a revised project plan per Subsection E(1) to (3), and the owner shall provide the City with a revised work plan per Subsection E(4), except that the time allowed for the owner to submit the revised work plan after receipt of the revised project plan shall not exceed 60 calendar days. Revisions to the project plan shall be identified to the owner.

If, after the letting date of the highway improvement
project, additional utility relocation or adjustment work is found
necessary, the City shall notify the owner. The City and the owner
shall agree on a revised work plan.

If the City requires additional work to a utility
facility after the facility has been relocated or adjusted in accordance
with a work plan approved by the City, the City shall bear the reasonable
cost of the additional work.

If the City requires relocation or adjustment of a
noncompatible utility facility that was originally determined, per
the work plan, to not need relocation or adjustment, the owner shall
bear the cost of the relocation or adjustment.

If the City requires relocation or adjustment of a
compensable utility facility that was originally determined, per the
work plan, to not need relocation or adjustment, the City shall bear
the reasonable cost of the relocation or adjustment.

The owner shall bear the cost of additional work to
any portion of its facilities after the facilities have been relocated
or adjusted in accordance with a work plan approved by the City if
the additional work is required by the City due to error by the owner
in preparation of work plans for, field locations of, or construction
of the relocation or adjustment of its facilities.

If the owner has complied with §§ 66.0831,
84.063 and 182.0175, Wis. Stats., and this chapter and the utility
facilities are damaged by the contractor, the contractor shall be
responsible to the owner for damages if the contractor has not complied
with § 182.0175(2), Wis. Stats.

If the owner fails to provide a work plan as provided in Subsection E or fails to complete the alteration or relocation of its facilities in accordance with the work plan approved by the City, the owner shall be liable to the contractor for all delay costs and liquidated damages incurred by the contractor which are caused by or which grow out of failure of the owner to carry out and complete its work in accordance with the approved work plan.

If one year or more has passed since the City approved
a work plan, the owner may submit a revised work plan that must be
considered by the City if it is submitted prior to the letting date
and does not affect the letting date.

No person shall injure or tear up or remove
any pavement, sidewalk or crosswalk or any part thereof, or dig any
holes, ditch or drain in or remove any sod, stone, earth, sand or
gravel from any street, lane, alley or public ground within the City
without obtaining a permit from the Director of Utilities and Streets
Operations.

Owners of property adjacent to public stormwater
easements and public rights-of-way shall keep said areas, to the extent
practicable and where site conditions make it appropriate, free of
refuse, yard waste, tree limbs, weeds and leaves and shall keep grass
in such areas where necessary mowed and shall maintain landscaping
materials including, but not limited to, mulch and plantings. Plantings
and grass areas within medians shall be maintained by the subdivision
association for the subdivisions in which they are situated. In those
subdivisions where a subdivision association has not been formed or
is inactive, the City’s actual cost of maintenance of the medians
shall be apportioned in equal shares amongst each of the residents
of the subdivision in which they are situated as a special charge
for current services pursuant to Wisconsin Statute Section 66.0627.